Includes the definition of Law Enforcement Officer in Subdivision
(17) of Section 556.061, RSMo., and military Policemen conducting
traffic enforcement operations on a Federal military installation
under military jurisdiction in the State of Missouri.

A person commits the offense of "driving while intoxicated" if he/she operates a motor vehicle while in an intoxicated or drugged
condition. No person convicted of or pleading guilty to the offense
of driving while intoxicated shall be granted a suspended imposition
of sentence for such offense, unless such person shall be placed on
probation for a minimum of two (2) years.

No person
shall operate a motor vehicle with eight-hundredths of one percent
(.08%) or more by weight of alcohol in his/her blood. As used in this
Section, percent by weight of alcohol in the blood shall be based
upon grams of alcohol per one hundred (100) milliliters of blood or
two hundred ten (210) liters of breath and may be shown by chemical
analysis of the person's blood, breath, saliva or urine. For the purposes
of determining the alcoholic content of a person's blood under this
Section, the test should be conducted in accordance with the ordinances
of the City.

Evidence
of prior convictions shall be heard and determined by the trial court,
out of the hearing of the jury, prior to the submission of the case
to the jury, and the court shall enter its findings thereon.

Any person
who operates a motor vehicle upon the public highways of this City
shall be deemed to have given consent to, subject to the provisions
of Sections 577.020 to 577.041, RSMo., a chemical test or tests of
the person's breath, blood, saliva or urine for the purpose of determining
the alcohol or drug content of the person's blood pursuant to the
following circumstances:

If the
person is arrested for any offense arising out of acts which the arresting
officer had reasonable grounds to believe were committed while the
person was driving a motor vehicle while in an intoxicated or drugged
condition;

If the
person is under the age of twenty-one (21), has been stopped by a
Law Enforcement Officer, and the Law Enforcement Officer has reasonable
grounds to believe that such person was driving a motor vehicle with
a blood alcohol content of two-hundredths of one percent (.02%) or
more by weight;

If the
person is under the age of twenty-one (21), has been stopped by a
Law Enforcement Officer, and the Law Enforcement Officer has reasonable
grounds to believe that such person has committed a violation of the
traffic laws of the State or any political subdivision of the State,
and such officer has reasonable grounds to believe, after making such
stop, that such person has a blood alcohol content of two-hundredths
of one percent (.02%) or greater;

If the
person is under the age of twenty-one (21), has been stopped at a
sobriety checkpoint or roadblock, and the Law Enforcement Officer
has reasonable grounds to believe that such person has a blood alcohol
content of two-hundredths of one percent (.02%) or greater;

If the
person, while operating a motor vehicle, has been involved in a motor
vehicle collision which resulted in a fatality or a readily apparent
serious physical injury as defined in Section 565.002, RSMo., and
has been arrested as evidenced by the issuance of a uniform traffic
ticket for the violation of any State law or County or municipal ordinance
with the exception of equipment violations contained in Chapter 307,
RSMo., or similar provisions contained in County or municipal ordinances;
or

Chemical
analysis of the person's breath, blood, saliva or urine to be considered
valid pursuant to the provisions of Sections 577.020 to 577.041, RSMo.,
shall be performed according to methods approved by the State Department
of Health by licensed medical personnel or by a person possessing
a valid permit issued by the State Department of Health for this purpose.

The person
tested may have a physician, or a qualified technician, chemist, registered
nurse or other qualified person at the choosing and expense of the
person to be tested, administer a test in addition to any administered
at the direction of a Law Enforcement Officer. The failure or inability
to obtain an additional test by a person shall not preclude the admission
of evidence relating to the test taken at the direction of a Law Enforcement
Officer.

Any person given a chemical test of the person's breath pursuant to Subsection (A) of this Section or a field sobriety test may be videotaped during any such test at the direction of the Law Enforcement Officer. Any such video recording made during the chemical test pursuant to this Subsection or a field sobriety test shall be admissible as evidence for a violation of any municipal ordinance or any license revocation or suspension proceeding pursuant to the provisions of Chapter 302, RSMo.

Upon the trial of any person for violation of any of the provisions of Section 565.024, RSMo., or Section 565.060, RSMo., or Section 342.020 or 342.030, or upon the trial of any criminal action or violations of county or municipal ordinances or in any license suspension or revocation proceeding pursuant to the provisions of Chapter 302, RSMo., arising out of acts alleged to have been committed by any person while driving a motor vehicle while in an intoxicated condition, the amount of alcohol in the person's blood at the time of the act alleged as shown by any chemical analysis of the person's blood, breath, saliva or urine is admissible in evidence and the provisions of Subdivision (5) of Section 491.060, RSMo., shall not prevent the admissibility or introduction of such evidence if otherwise admissible. If there was eight-hundredths of one percent (.08%) or more by weight of alcohol in the person's blood, this shall be prima facie evidence that the person was intoxicated at the time the specimen was taken.

A chemical analysis of a person's breath, blood, saliva or urine, in order to give rise to the presumption or to have the effect provided for in Subsection (A) of this Section, shall have been performed as provided in Sections 577.020 to 577.041, RSMo., and in accordance with methods and standards approved by the State Department of Health and Senior Services.

Any charge alleging a violation of Section 342.020 or 342.030, or any county or municipal ordinance prohibiting driving while intoxicated or driving under the influence of alcohol shall be dismissed with prejudice if a chemical analysis of the defendant's breath, blood, saliva, or urine performed in accordance with Sections 577.020 to 577.041, RSMo., and rules promulgated thereunder by the State Department of Health and Senior Services demonstrate that there was less than eight-hundredths of one percent (.08%) of alcohol in the defendant's blood unless one (1) or more of the following considerations cause the court to find a dismissal unwarranted:

There
is evidence that the chemical analysis is unreliable as evidence of
the defendant's intoxication at the time of the alleged violation
due to the lapse of time between the alleged violation and the obtaining
of the specimen;

An arrest without a warrant by a Law Enforcement Officer, including a uniformed member of the State Highway Patrol, for a violation of Section 342.020 or 342.030, is lawful whenever the arresting officer has reasonable grounds to believe that the person to be arrested has violated the Section, whether or not the violation occurred in the presence of the arresting officer and when such arrest without warrant is made within one and one-half (1½) hours after such claimed violation occurred, unless the person to be arrested has left the scene of an accident or has been removed from the scene to receive medical treatment, in which case such arrest without warrant may be made more than one and one-half (1½) hours after such violation occurred.

Any person who is dead, unconscious or who is otherwise in a condition rendering him/her incapable of refusing to take a test as provided in Section 342.040 shall be deemed not to have withdrawn the consent provided by that Section and the test or tests may be administered.